[2023] KEHC 19938 (KLR)
The High Court found no evidence that the sentence imposed by the trial magistrate was excessive, illegal, or that material facts were disregarded. The applicant was convicted on his own plea of guilty, and the sentence was below the statutory maximum. The court emphasized that it will not disturb the sentencing...
Source-derived case information.
- Citation
- [2023] KEHC 19938 (KLR)
- Parties
- Applicant: Vincent Cheruiyot; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Revision Case E61 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed with costs
- Judges
- SM Mohochi
- Legal Topics
- Revision of Sentence, Plea of Guilty, Sentencing Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Vincent Cheruiyot
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed by the trial magistrate was excessive, illegal, or failed to consider material facts.
- 2 Whether there are grounds to revise the judgment and sentence under criminal revision jurisdiction.
Ratio Decidendi
The High Court found no evidence that the sentence imposed by the trial magistrate was excessive, illegal, or that material facts were disregarded. The applicant was convicted on his own plea of guilty, and the sentence was below the statutory maximum. The court emphasized that it will not disturb the sentencing discretion of the trial magistrate in the absence of demonstrated error or illegality. Consequently, the application for revision lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for revision is dismissed with costs.
Full Case Text
Judgment text and source record
20 paragraphs
Cheruiyot v Republic (Revision Case E61 of 2022) [2023] KEHC 19938 (KLR) (4 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19938 (KLR)
Republic of Kenya
In the High Court at Nakuru
Revision Case E61 of 2022
SM Mohochi, J
July 4, 2023
Between
Vincent Cheruiyot
Applicant
and
Republic
Respondent
Ruling
1. The applicant elected to seek revision of the judgment and sentence in Nakuru CM’s criminal case No E478 of 2022.
2. The applicant was convicted on his own plea of guilty and the imprisonment sentence imposed was below the maximum and was in default of paying a fine.
3. No material has been presented to show if the sentence was excessive, illegal or that the trial magistrate failed to consider material facts that would have led to a different sentence.
4. The court shall not disturb the discretion of the trial magistrate Hon E. Soita, RM.The application is without merit and is hereby dismissed with costs.
5It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAKURU ON THIS 4TH JULY 2023________________________Mohochi S.MJUDGEIn the presence of: -Court Assistant – ScholaState Counsel – Ms. Mburu